Legal Guide

Can there be a Sexless Marriage Divorce?

by Bhavya Choudhary · 3 min read

sexless marriage divorce

Introduction

  • Marriage is a civil contract in law. But the responsibility to run a happy marriage lies on both partners equally.
  • Failure of marriage is considered taboo in Indian society. Our society considers marriage a lifelong relationship even after death and rebirth, and sexless marriage divorce is not accepted.
  • But present-day society has seen significant social developments, failure of marriages is now accepted, and legal consultations by divorce lawyers are now given importance.
  • In this article, we will talk about the issues of sexless marriage and divorce. Can divorce be filed on this ground?

Is sex an essential part of a Relationship?

  • In one of the latest cases, the court held that the sexless marriage divorce is acceptable as it will come under the cruelty ground.
  • If the partners deny each other sex without a reason, illness, etc., then the partners can file for divorce from each other.
  • So, yes, sex is an integral part of the relationship. Otherwise, it can lead to sexless marriage divorce, but sexless marriage divorce is not appreciated in Indian society.

What did the Delhi High court say in the Judgement about the Sexless Marriage Divorce?

  • According to a judgment by the Delhi High Court, depriving a spouse of sex for a protracted period without a good reason constitutes mental cruelty. It is a cause for divorce in India.
  • But it should be taken into consideration that marriage is not a right to have legal sex; However, there is no law on marital rape; still, forceful sexual intercourse with foreign objects can lead to divorce under the grounds of cruelty and sexless marriage divorce.

Importance of Sex in Marriage

  • Sex plays a significant role in dating and marriage. In addition to being recreational, it offers a few other advantages, like enhancing emotional bonding because of hormones.
  • As a result, without having sex, a couple may grow emotionally distant from one another owing to a lack of physical intimacy.
  • In the case of a sexless marriage divorce scenario, getting a divorce is more of a mental process that requires careful thought before each action, that too, on the grounds of a sexless marriage divorce.

Impotence and Sexless Marriage Divorce in India

  • In the opinion of the courts, one of the pillars of marriage is intercourse, and any marriage would be doomed to failure if there was no vigorous and harmonious sexual activity.
  • It is only possible to dissolve or annul a legally binding union if one or more specific grounds for divorce have been proven. One of the purposes of marriage is conjugal sex.
  • When one of the parties cannot achieve this goal, it might lead to the dissolution of the marriage on the grounds of a sexless marriage divorce.

Section 12 of the Hindu Marriage Act of 1955

  • A marriage that any partner can divorce is avoidable. Until a petition to void the marriage is filed, it will be lawful.
  • A competent court must declare this marriage null and void following the Hindu Marriage Act of 1955 if it is considered a sexless marriage divorce.
  • The partners in such a marriage must determine whether they want to continue with the union or declare it null and void. One of the reasons for the voidable marriage is the impotency that is sexless marriage divorce in Indian laws.

Illustration related to Sexless marriage divorce

  • Two parties, A and B, are involved. A is the husband, and B is the wife. A gave his marriage consent while suffering from impotence.
  • After a few years, “A” receives treatment but cannot defeat impotence through medical treatment. He claims his marriage is voidable since he is not medically fit for sexual activity.
  • This is a reason for a voidable marriage. It will be accepted by the court and he can divorce his wife on the grounds of a sexless marriage divorce.

Proof of Impotency for Sexless Marriage Divorce

  • In these situations, no typical proof is necessary. Impotence can be demonstrated by a medical examination, by the parties’ behavior after their marriage, or even by the petitioner’s uncorroborated evidence if it is credible for a sexless marriage divorce.
  • People cannot be considered important if they refuse to engage in sexual activity. However, if they consistently refuse, refuse to consent to a medical evaluation, and exhibit signs of impotence, conclusions can be reached for a sexless marriage divorce.

Types of Impotency

There are two types of impotency- mental and physical.

  • Physical impotence occurs when a person is unable to end a marriage because of a physical or structural abnormality. Sexless marriage divorce takes this as a ground for sexless marriage divorce.
  • For example, a little vagina or an excessively large male reproductive organ.
  • When a person cannot complete their marriage because of psychological or moral aversion to sexual activity.
  • Therefore, mental or psychological impotence is the condition in which a person cannot consummate a marriage due to mental, psychological, or emotional factors.
  • The sole exemption is if the condition is curable; otherwise, the harmed party is prohibited from petitioning the court.
  • A person may be barren or infertile, but they are not impotent if they can successfully consummate a marriage.
  • This excludes sterility from the definition of impotence. The inability to engage in typical, healthy sexual activity is known as impotence.
  • Despite being sterile or barren, a person may be able to engage in regular sexual activity.
  • They are, therefore, not powerless. Sexless marriage divorce is becoming familiar with cases like these.
  • Therefore, it is not impotence when a woman is unable to conceive, a man is unable to father a child, or a woman has her uterus removed because, in all of these situations, a person is nevertheless able to engage in sexual activity as usual.

Conclusion 

Sexless marriage divorce is common in India, the medical reports being the evidence itself under the legal consultation of the divorce lawyer is more than sufficient; it is observed that in Indian society, divorce is not appreciated, but in conditions where there is a need for the couples should not back out from splitting the marriage.

Consult a divorce lawyer to know the conditions in which the spouses can file for divorce.

Bhavya Choudhary

Written by

Bhavya Choudhary

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